The Board found that the veteran's lumbar myositis with L2-L3 vertebral disc body irregularities did not meet the criteria for an initial evaluation in excess of 10 percent.
The deciding factor: The veteran's forward flexion was limited to 75 degrees, which is less than the required 60 degrees for a higher rating. The combined range of motion and muscle spasm/severe guarding were also not present.
- Claimed conditions
- lumbar myositis, L2-L3 vertebral disc body irregularities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 25, 2007
- Citation
- 0702257
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0702257.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Veteran's lower back disability and radiculopathy were rated at 40 percent, but the Board found no evidence of ankylosis or incapacitating episodes warranting a higher rating.
- Granted
The Veteran's TDIU and DEA benefits are granted effective from April 8, 2010. The Board found that the Veteran was unable to work due to his lumbar myositis starting in April 2010.
- Remanded (sent back)
The Veteran's claims for higher ratings for lumbar myositis and service connection for bilateral lower extremity peripheral neuropathy are being remanded due to pre-decisional duty to assist errors. The Board will obtain new examinations and opinions to address the severity of his lumbar disability and the etiology of his bilateral lower extremity peripheral neuropathy.
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